Patna High Court
Prayag mahto @ pryag mautoversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner with conditions, despite the prior conviction and alleged procedural lapses.
Summary
Petitioner Prayag Mahto sought regular bail in a case under Section 30(a) of the Bihar Excise and Prohibition Act, where the prosecution alleged that 10 litres of country‑made liquor were recovered from his possession. The petitioner contended that nothing was seized from him, that the seizure witnesses were police officers, and that the police failed to comply with the mandatory provisions of Section 105 of the B.N.S.S. He also disclosed a prior similar conviction and had been in custody since 20‑03‑2026. The State opposed the bail application. The Court, after considering the facts, granted regular bail on the condition that the petitioner not commit a similar offence, requiring a bail bond of Rs 10,000 with two sureties, to be approved by the 2nd Exclusive Special Excise Judge, Saran at Chapra.
Issues considered
- Whether regular bail can be granted to the accused in an offence punishable under Section 30(a) of the Bihar Excise and Prohibition Act.
- Whether the alleged non‑compliance with Section 105 of the B.N.S.S. by the police affects the bail decision.
- Whether the petitioner’s prior similar conviction bars the grant of bail.
Legislation cited
- Bihar Excise and Prohibition Act — s. 30(a)
- B.N.S.S. — s. 105
Subjects
- regular bail
- Bihar Excise and Prohibition Act
- Section 30(a)
- seizure of liquor
- police procedure
- Section 105 B.N.S.S.
- prior conviction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32528 of 2026
Arising Out of PS. Case No.-87 Year-2026 Thana- PANAPUR District- Saran
======================================================
Prayag Mahto @ Pryag Mauto Son of Late Surya Mahto Resident of Village-
Kondh Khiriya (Tola), P.S.- Panapur, District-Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mili Kumari, Advocate
For the Opposite Party/s : Mr. Braj Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 20-05-2026 Heard the learned counsel for the petitioner and
learned APP for the State through Video Conferencing.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Section 30(a) of
Bihar Excise and Prohibition Act.
3. The case of the prosecution in brief is that,
altogether 10 liters of country made liquor was recovered from
possession of this petitioner.
4. Learned counsel for the petitioner submits that
nothing has been recovered from possession of the petitioner. It
is also submitted that all the witnesses to the seizure list are
police personnel, and the police have not complied the
mandatory provisions of Section 105 of the B.N.S.S. It has
further been submitted that petitioner is having one criminal
Patna High Court CR. MISC. No.32528 of 2026(2) dt.20-05-2026
2/2
antecedent of similar nature. He is in custody since 20.03.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of the regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this Court is inclined to enlarge the petitioner on bail
with the condition that the petitioner shall not indulge
himself in similar nature of offence in future. The above-
named petitioner is directed to be released on bail in connection
with Panapur P.S. Case No. 87 of 2026 on furnishing bail bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned 2nd Exclusive Special
Excise Judge, Saran at Chapra.
(Ashok Kumar Pandey, J)
khushbu/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.